JUDGEMENT
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(1.) By this writ petition, the petitioner has prayed for the following reliefs :
"(i) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2, District Supply Officer, Etah to renew diesel oil license No.377 of the shop in question petty High Speed Diesel Oil within one month for the period 1.4.2013 to 31.3.2014 ;
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the representation dated 17.4.2013 made by the petitioner before the respondent no.2 (Annexure-5 to the writ petition ) ;
(iii) issue a writ, order or direction in which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case ;
(iv) award cost of this petition from the respondents to the petitioner."
(2.) Facts OF THE CASE
Briefly stated the facts giving rise to the present writ petition are that the petitioner had obtained petty dealer license No.377 in the year 2001 from the District Supply Officer, Etah for retail sale of High Speed diesel in village Punhera, Tehsil Jalesar, district Etah. It is stated that the license of the shop of the petitioner was renewed from time to time and lastly it was renewed on 27.3.2010 for the period 1.4.2010 to 31.3.2013, as per the provisions of the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order,1981 (hereinafter referred to as the 'U.P. Order, 1981').
(3.) In paragraph Nos.7 and 8 of the writ petition it is stated that for getting the license renewed for the period 1.4.2013 to 31.3.2013, the petitioner completed the necessary formalities, but could not deposit the renewal fees by the last date i.e., 31.3.2013 and the same was deposited on 2.4.2013, while in paragraph No.9 of the writ petition it is stated that due to his illness the petitioner could not deposit the fees. In paragraph No.11 of the writ petition it is stated that the petitioner moved a representation dated 17.4.2013 (Annexure-5) before the District Supply Officer for renewal of his license and explained the delay, which was not deliberate. However, his license has not been renewed and as such he has filed the present writ petition.;
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